This is a collection of news about border issues, particularly those seen from Arizona and regarding the right to keep and bear arms. Sources often include Mexican media. It's often interesting to see how different the view is from the south.
If you have comments or questions drop a line to (the name of this blog)(a)knoxcomm.com

Wednesday, September 28, 2011

AZMEX WEAPONS SPECIAL 28-9-11

Note: The following should not be taken as legal advice, and is always subject to error, court decisions, ad nauseam.

AZMEX WEAPONS SPECIAL 28 SEP 2011

Note: in relation to the lawsuit in Omaha, NE we have been asked by several about AZ laws.Relevant excerpts as follows. BTW, for the record on other related issues, we have never opposed legal immigration, and a good number of our members are immigrants.

ARS 13-3101.A.7.e (Prohibited possessor)Note: this section was strongly opposed by usually anti firearms rights democrats in state legislature

(e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:(i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.(ii) Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.(iii) Certain diplomats.(iv) Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.(v) Persons who have received a waiver from the United States attorney general.

ARS 13-3102 Misconduct involving weapons13-3102.A.4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor; or5. Selling or transferring a deadly weapon to a prohibited possessor; or6. Defacing a deadly weapon; or7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or

14. Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony; or15. Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism as defined in section 13-2301 or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism as defined in section 13-2301.

13-3106. Firearm purchase in other statesA person residing in this state, or a corporation or other business entity maintaining a place of business in this state, may purchase or otherwise obtain firearms anywhere in the United States if such purchase or acquisition fully complies with the laws of this state and the state in which the purchase or acquisition is made and the purchaser and seller, prior to the sale or delivery for sale, have complied with all the requirements of the federal gun control act of 1968, Public Law 90-618, section 922, subsection (c) and the Code of Federal Regulations, volume 26, section 178.96, subsection (c).

13-3112 Concealed weaponsE. The department of public safety shall issue a permit to an applicant who meets all of the following conditions:1. Is a resident of this state or a United States citizen.2. Is twenty-one years of age or older.5. Is not unlawfully present in the United States.

OMAHA — A Mexican national and two gun-rights organizations sued the city of Omaha Tuesday over an ordinance prohibiting legal resident immigrants who are not U.S. citizens from possessing handguns.Armando Pliego Gonzalez, the Nebraska Firearms Owners Association and the Second Amendment Foundation filed the lawsuit in U.S. District Court in Nebraska. Gonzalez was given permanent resident alien status in 2008, more than seven years after legally moving to the U.S., the lawsuit says.The lawsuit says he Gonzalez bought a gun after a break-in and robbery at his home in 2010. But when he tried to register the gun with the Omaha Police Department — as required by local law — he was denied a registration permit because he is not a U.S. citizen."Omaha's prohibition on registration of handguns by non-citizens, even those legally in the United States ... significantly limits (Gonzalez's) ability to protect himself and his family in the event of violence," the lawsuit says.Possession of a handgun not registered with the Omaha Police Department is a misdemeanor crime that can result in confiscation of the gun, a fine and possible jail time.The lawsuit claims the denial of the permit violates Gonzalez's constitutional right to equal protection under the law and the right to bear arms. It asks a judge to issue preliminary and permanent injunctions to keep the Omaha law from being enforced and to declare the citizenship requirement unconstitutional.While Gonzalez can legally own a handgun under Nebraska law, the city ordinance bans him from owning one in his home for self-defense, said Andy Allen, president of the Nebraska Firearms Owners Association."For years, the NFOA has attempted to discuss with the city a number of issues in Omaha's onerous firearms laws, but has been met by a complete refusal to even open a dialog," Allen said. "This case addresses the first of those issues, and we hope the city considers taking measures to remove the burdensome restrictions on the fundamental rights of its law-abiding population."Omaha's law barring handgun permits for non-U.S. citizens has been on the books since at least 1988, Allen said, and is unique in Nebraska. But a similar lawsuit was filed earlier this year in Massachusetts by a United Kingdom citizen and two gun rights groups claiming a state law there barring legal immigrants from owning handguns is unconstitutional.A message left for Omaha City Attorney Paul Kratz was not immediately returned.

McALLEN, TX -- A federal jury in McAllen has convicted a local business owner of arranging for others to purchase assault rifles for him from gun stores.

The U.S. Attorney's office announced Tuesday that 48-year-old Manuel Tijerina-Herrera, owner of Klub Infinity and a restaurant called El Tiburon in McAllen, was convicted Monday evening on charges related to a scheme in which he paid others to buy guns for him.

Prosecutors alleged that Tijerina-Herrera paid at least five other people to buy guns. The conviction included three counts of aiding and abetting the making of false statements on a gun buyer form and two counts conspiracy to make false statements on that form.

So-called "straw purchases" are commonly used to get weapons to Mexico's violent drug cartels.Sentencing was scheduled for Dec. 29.